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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
Although the Defendants, as stated in the facts charged, damaged the reputation of the victim H, the lower court acquitted the Defendants by misunderstanding of facts or failing to exhaust a hearing.
Judgment
The evidence that there is a crime in criminal procedure must be presented by the prosecutor, and the criminal facts must be proven by the judge to have high probability without reasonable doubt, and if there is no evidence to form such a high probability, the defendant is suspected to be guilty even if there is no evidence to establish such a degree.
Even if there is no choice but to judge the interests of the defendant.
The court below acquitted the defendant on the ground that the evidence submitted by the prosecutor, i.e., the victim H, I, and J's statements in the court of original trial and the investigative agency are insufficient to recognize that the defendant has damaged the reputation of the victim as stated in the facts charged. In light of the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable.
In particular, although I and J had been present at the present site as a third party, not the victim, at the time of the instant case, it is contradictory to the statement as stated in the judgment of the court below, and in light of the fact that theJ appears to have had a good appraisal against the ordinary Defendants (the page 109 of the trial record), there is evidence to believe that it is difficult to believe the statement as it is, rather, there is evidence against the facts charged, such as the statement in K's investigative agency, and even if some of the people at the present site submit a written application corresponding to the Defendants' assertion, the evidence submitted by the prosecutor alone is insufficient to readily conclude defamation as to the Defendants' charges.
Therefore, the judgment of the court below which acquitted the facts charged of this case does not err by mistake.
In conclusion, the prosecutor's defendants are examined.